33 U.S.C. 1321: Oil and hazardous substance liability

2022

• Pub. L. 117–263, §11306, added subpar. (C). (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (c)
• Pub. L. 117–263, §11309(b)(1), added par. (9). (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (j)
• Pub. L. 117–286 substituted "chapter 10 of title 5" for "Federal Advisory Committee Act" in heading and "chapter 10 of title 5." for "the Federal Advisory Committee Act (5 U.S.C. App.)." in text. Law text · (t)

2018

• Pub. L. 115–232 substituted "section 2101(23)" for "section 2101(17a)". (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (a)

2017

• Pub. L. 115–91 substituted "any facility" for "and any facility" and inserted ", and, for the purposes of applying subsections (b), (c), (e), and (o), any foreign offshore unit (as defined in section 1001 of the Oil Pollution Act) or any other facility located seaward of the exclus… (National Defense Authorization Act for Fiscal Year 2018) Law text · (a)

2014

• Pub. L. 113–281, §313(1), substituted "qualified—" for "qualified personnel of Federal, State, and local agencies." in introductory provisions and added cls. (i) and (ii). (Howard Coble Coast Guard and Maritime Transportation Act of 2014) Law text · (j)
• Pub. L. 113–281, §313(2), substituted ", local, and tribal" for "and local" and "wildlife, including advance planning with respect to the closing and reopening of fishing areas following a discharge;" for "wildlife;". (Howard Coble Coast Guard and Maritime Transportation Act of 2014) Law text · (j)
• Pub. L. 113–281, §313(3), substituted ", local, and tribal" for "and local". (Howard Coble Coast Guard and Maritime Transportation Act of 2014) Law text · (j)
• Pub. L. 113–281, §313(4)(A), substituted ", Federal, State, and local agencies, and tribal governments" for "and Federal, State, and local agencies". (Howard Coble Coast Guard and Maritime Transportation Act of 2014) Law text · (j)
• Pub. L. 113–281, §313(4)(B), (C), added cl. (vii) and redesignated former cls. (vii) and (viii) as (viii) and (ix), respectively. (Howard Coble Coast Guard and Maritime Transportation Act of 2014) Law text · (j)

2012

• Pub. L. 112–141, §1603(1), added pars. (27) to (35). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (a)
• Pub. L. 112–90, §10(b), substituted "operating, the Secretary of Transportation, or" for "operating or" in concluding provisions. (Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011) Law text · (b)
• Pub. L. 112–90, §10(a), which directed amendment of subpars. (A) and (B) by substituting "Administrator, the Secretary of Transportation, or" for "Administrator or" was executed by making the substitution the first place appearing in each subpar., to reflect the probable int… (Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011) Law text · (m), (B)
• Pub. L. 112–141, §1603(2), inserted "except as provided in subsection (t)" before period at end. (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (s)
• Pub. L. 112–141, §1603(3), added subsec. (t). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (t)

2006

• Pub. L. 109–241, §608, amended par. (26) generally. Prior to amendment, par. (26) read as follows: " 'nontank vessel' means a self-propelled vessel of 400 gross tons as measured under section 14302 of title 46 or greater, other than a tank vessel, that carries oil of any kind as fu… (Coast Guard and Maritime Transportation Act of 2006) Law text · (a)
• Pub. L. 109–241, §901(i)(1), substituted "nontank" for "non-tank" wherever appearing. (Coast Guard and Maritime Transportation Act of 2006) Law text · (j), (B), (F), (G)
• Pub. L. 109–241, §901(i)(2), amended directory language of Pub. L. 108–293, §701(b)(9). See 2004 Amendment note below. (Coast Guard and Maritime Transportation Act of 2006) Law text · (j)

2004

• Pub. L. 108–293, §701(a), added par. (26). Law text · (a)
• Pub. L. 108–293, §701(b)(1), inserted ", nontank vessel," after "vessel" in heading. Law text · (j)
• Pub. L. 108–293, §701(b)(2), (d)(3), designated existing text as cl. (i), substituted "subparagraph (C)" for "subparagraph (B)", and added cl. (ii). Law text · (j)
• Pub. L. 108–293, §701(d)(2), added subpar. (B). Former subpar. (B) redesignated (C). Law text · (j)
• Pub. L. 108–293, §701(b)(3), (4), inserted ", nontank vessels," after "vessels" in introductory provisions, added cl. (ii), and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively. Law text · (j)
• Pub. L. 108–293, §701(d)(1), (4), redesignated subpar. (B) as (C) and substituted "subparagraphs (A) and (B)" for "subparagraph (A)" in introductory provisions. Former subpar. (C) redesignated (D). Law text · (j)
• Pub. L. 108–293, §701(d)(1), redesignated subpar. (C) as (D). Former subpar (D) redesignated (E). Law text · (j)
• Pub. L. 108–293, §701(b)(5), inserted ", nontank vessel," after "vessel" in introductory provisions and added cl. (v). Law text · (j)
• Pub. L. 108–293, §701(d)(1), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F). Law text · (j)
• Pub. L. 108–293, §701(b)(6), inserted "non-tank vessel," after "vessel," in two places. Law text · (j)
• Pub. L. 108–293, §701(d)(1), (5), redesignated subpar. (E) as (F) and substituted "subparagraph (E)," for "subparagraph (D)," in cl. (i). Former subpar. (F) redesignated (G). Law text · (j)
• Pub. L. 108–293, §701(b)(7), inserted "non-tank vessel," after "vessel," and substituted "vessel, non-tank vessel, or" for "vessel or". Law text · (j)
• Pub. L. 108–293, §701(d)(1), redesignated subpar. (F) as (G). Former subpar. (G) redesignated (H). Law text · (j)
• Pub. L. 108–293, §701(b)(8), inserted "nontank vessel," after "vessel,". Law text · (j)
• Pub. L. 108–293, §701(d)(1), redesignated subpar. (G) as (H). Former subpar. (H) redesignated (I). Law text · (j)
• Pub. L. 108–293, §701(b)(9), as amended by Pub. L. 109–241, §901(i)(2), inserted "and nontank vessel" after "each tank vessel". Law text · (j)
• Pub. L. 108–293, §701(d)(1), redesignated subpar. (H) as (I). Law text · (j)
• Pub. L. 108–293, §701(b)(10), substituted "The President may require—" for "Not later than 2 years after August 18, 1990, the President shall require—" in introductory provisions. Law text · (j)
• Pub. L. 108–293, §701(b)(11), inserted ", and nontank vessels carrying oil of any kind as fuel for main propulsion," after "cargo". Law text · (j)
• Pub. L. 108–293, §701(b)(12), inserted ", nontank vessel," after "vessel". Law text · (j)

1998

• Pub. L. 105–383, §411(b), substituted ", (C)" for "and (C)" and inserted ", and (D) discharges incidental to mechanical removal authorized by the President under subsection (c) of this section" before semicolon at end. (Coast Guard Authorization Act of 1998) Law text · (a)
• Pub. L. 105–383, §411(a)(1), substituted "to prevent, minimize, or mitigate damage" for "to minimize or mitigate damage". (Coast Guard Authorization Act of 1998) Law text · (a)
• Pub. L. 105–383, §411(a)(2), added par. (25). (Coast Guard Authorization Act of 1998) Law text · (a)
• Pub. L. 105–383, §411(a)(3), inserted "relating to a discharge or a substantial threat of a discharge of oil or a hazardous substance" before period at end. (Coast Guard Authorization Act of 1998) Law text · (c)

1996

• Pub. L. 104–208 substituted "Magnuson-Stevens Fishery" for "Magnuson Fishery" wherever appearing. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (b), (2), (3)
• Pub. L. 104–324, §1144, inserted ", except that the owner or operator may deviate from the applicable response plan if the President or the Federal On-Scene Coordinator determines that deviation from the response plan would provide for a more expeditious or effective response to … (Coast Guard Authorization Act of 1996) Law text · (c)
• Pub. L. 104–324, §1143(1), inserted "and of information regarding previous spills, including data from universities, research institutions, State governments, and other nations, as appropriate, which shall be disseminated as appropriate to response groups and area committees, and… (Coast Guard Authorization Act of 1996) Law text · (j)
• Pub. L. 104–324, §1143(2), inserted "compile a list of local scientists, both inside and outside Federal Government service, with expertise in the environmental effects of spills of the types of oil typically transported in the area, who may be contacted to provide information… (Coast Guard Authorization Act of 1996) Law text · (j)

1992

• Pub. L. 102–388 added par. (12). · (b)
• Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court". · (i)

1990

• Pub. L. 101–380, §4201(b)(1)[(c)(1)], inserted "containment and" after "refers to". · (a)
• Pub. L. 101–380, §4201(b)(2)[(c)(2)], substituted semicolon for period at end. · (a)
• Pub. L. 101–380, §4201(b)(3)[(c)(3)], substituted "otherwise" for "Otherwise" and semicolon for period at end. · (a)
• Pub. L. 101–380, §4201(b)(4)[(c)(4)], added pars. (18) to (24). · (a)
• Pub. L. 101–380, §4204, inserted "or the environment" after "the public health or welfare". · (b)
• Pub. L. 101–380, §4301(a), inserted after first sentence "The Federal agency shall immediately notify the appropriate State agency of any State which is, or may reasonably be expected to be, affected by the discharge of oil or a hazardous substance.", substituted "fined in accordanc… · (b)
• Pub. L. 101–380, §4301(b), added pars. (6) to (11) and struck out former par. (6) which related to assessment of civil penalties, limited to $5,000 for each offense, against any owner, operator, or person in charge of any onshore or offshore facility from which oil or a haza… · (b)
• Pub. L. 101–380, §4201(a), amended subsec. (c) generally, substituting present provisions for provisions authorizing President to arrange for removal of discharge of oil or a hazardous substance into or upon the navigable waters of the U.S., unless he determined such removal would be p… · (c)
• Pub. L. 101–380, §4201(b), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "Whenever a marine disaster in or upon the navigable waters of the United States has created a substantial threat of a pollution hazard to the public health or welfare of the Unit… · (d)
• Pub. L. 101–380, §4306, amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "In addition to any other action taken by a State or local government, when the President determines there is an imminent and substantial threat to the public health or welfare of th… · (e)
• Pub. L. 101–380, §2002(b)(1), struck out par. (1) designation before "In any case" and struck out pars. (2) and (3) which read as follows: · (i)
• Pub. L. 101–380, §4202(a), amended heading, inserted heading for par. (1) and realigned its margin, added pars. (2) to (8), and struck out former par. (2) which read as follows: "Any owner or operator of a vessel or an onshore facility or an offshore facility and any other person subje… · (j)
• Pub. L. 101–380, §2002(b)(2), struck out subsec. (k) which authorized appropriations and supplemental appropriations to create and maintain a revolving fund to carry out subsecs. (c), (d), (i), and (l) of this section. · (k)
• Pub. L. 101–380, §2002(b)(3), struck out after first sentence "Any moneys in the fund established by subsection (k) of this section shall be available to such Federal departments, agencies, and instrumentalities to carry out the provisions of subsections (c) and (i) of this section." · (l)
• Pub. L. 101–380, §4305, amended subsec. (m) generally. Prior to amendment, subsec. (m) read as follows: "Anyone authorized by the President to enforce the provisions of this section may, except as to public vessels, (A) board and inspect any vessel upon the navigable waters of the Unit… · (m)
• Pub. L. 101–380, §4202(c), inserted ", or with respect to any removal activities related to such discharge" after "within such State". · (o)
• Pub. L. 101–380, §2002(b)(4), struck out subsec. (p) which provided for establishment and maintenance of evidence of financial responsibility by vessels over 300 gross tons carrying oil or hazardous substances. · (p)
• Pub. L. 101–380, §2002(b)(5), added subsec. (s). · (s)

1987

• Pub. L. 100–4 substituted "the Commonwealth of the Northern Mariana Islands" for "the Canal Zone". · (a)

1982

• Pub. L. 97–164 substituted "Claims Court" for "Court of Claims". · (i), (3)

1980

• Pub. L. 96–561 substituted "Magnuson Fishery Conservation and Management Act" for "Fishery Conservation and Management Act of 1976". · (b), (2), (3)
• Pub. L. 96–478 struck out "of oil" after "in the case of such discharges" and substituted "Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973" for "International Convention for the Prevention of Pollution of the Sea by Oil, … · (b)
• Pub. L. 96–561 substituted "Magnuson Fishery Conservation and Management Act" for "Fishery Conservation and Management Act of 1976". · (c)
• Pub. L. 96–483 designated existing provisions as par. (1) and added par. (2). · (k)

1978

• Pub. L. 95–576, §1(b)(1), excluded discharges described in cls. (A) to (C) from term "discharge". · (a)
• Pub. L. 95–576, §1(b)(2), added par. (17). · (a)
• Pub. L. 95–576, §1(b)(3), substituted requirement that a study be made respecting methods, mechanisms, and procedures for creating incentives to achieve higher standard of care in management and movement of hazardous substances, including consideration of enumerated items, and a … · (b)
• Pub. L. 95–576, §1(b)(4), substituted "such quantities as may be harmful" for "harmful quantities". · (b)
• Pub. L. 95–576, §1(b)(5), struck out ", to be issued as soon as possible after October 18, 1972," after "regulation" and substituted "substances" for "substance" and "discharge of which may be harmful" for "discharge of which, at such times, locations, circumstances, and conditions,… · (b)
• Pub. L. 95–576, §1(b)(6), inserted "at the time of the discharge" after "otherwise subject to the jurisdiction of the United States". · (b)
• Pub. L. 95–576, §1(b)(7), designated existing provisions as subpar. (A), inserted "at the time of the discharge" after "jurisdiction of the United States", and added subpars. (B) to (E). · (b)

1977

• Pub. L. 95–217, §58(k), inserted ", and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters," after "United States". · (a)
• Pub. L. 95–217, §58(d)(1), added pars. (15) and (16). · (a), (16)
• Pub. L. 95–217, §58(a)(1), inserted reference to activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including… · (b)
• Pub. L. 95–217, §58(a)(2), inserted reference to activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (includ… · (b)
• Pub. L. 95–217, §57, added cl. (v). · (b)
• Pub. L. 95–217, §58(a)(3), (4), designated part of existing provisions preceding cl. (A) as cl. (i) and added cl. (ii), and, in cl. (A), inserted "or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (i… · (b)
• Pub. L. 95–217, §58(a)(5), struck out provisions under which, in the case of the discharge of oil into or upon the waters of the contiguous zone, only those discharges which threatened the fishery resources of the contiguous zone or threatened to pollute or contribute to the polluti… · (b)
• Pub. L. 95–217, §58(a)(6), added cls. (A), (B), and (C) between "Any such person" and "who fails to notify". · (b)
• Pub. L. 95–217, §58(a)(7), (8), substituted "Any owner, operator, or person in charge of any onshore facility, or offshore facility" for "Any owner or operator of any vessel, onshore facility, or offshore facility" in provision relating to violations of par. (3) of this subsection, … · (b)
• Pub. L. 95–217, §58(b), (c)(1), inserted "or there is a substantial threat of such discharge," after "Whenever any oil or a hazardous substance is discharged," and "or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or whi… · (c)
• Pub. L. 95–217, §58(e), substituted "and imminent threats of such discharges to the appropriate State and Federal agencies;" for "to the appropriate Federal agency;". · (c)
• Pub. L. 95–217, §58(c)(2), inserted "or under the Intervention on the High Seas Act (or the convention defined in section 2(3) thereof)" after "Any expense incurred under this subsection". · (d)
• Pub. L. 95–217, §58(d)(2), substituted ", in the case of an inland oil barge $125 per gross ton of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of such vessel (or, for a vessel carrying oil or hazardous substances as cargo, $… · (f)
• Pub. L. 95–217, §58(d)(5), (6), substituted "$50,000,000" for "$8,000,000". · (f), (3)
• Pub. L. 95–217, §58(g), added pars. (4) and (5). · (f), (5)
• Pub. L. 95–217, §58(d)(3), (f), substituted ", in the case of an inland oil barge $125 per gross ton of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of such vessel (or, for a vessel carrying oil or hazardous substances as cargo,… · (g)
• Pub. L. 95–217, §58(m), inserted reference to the Deepwater Port Act of 1974. · (i)
• Pub. L. 95–217, §58(c)(3), inserted provision that subsec. (j)(2) shall not apply to any owner or operator of any vessel from which oil or a hazardous substance is discharged in violation of subsec. (b)(3)(ii) of this section unless the owner, operator, or person in charge is otherw… · (j)
• Pub. L. 95–217, §58(l), substituted "such sums as may be necessary to maintain such fund at a level of $35,000,000" for "not to exceed $35,000,000". · (k)
• Pub. L. 95–217, §58(d)(4), substituted ", in the case of an inland oil barge $125 per gross ton of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of such vessel (or, for a vessel carrying oil or hazardous substances as cargo, $… · (p)
• Pub. L. 95–217, §58(i), added subsecs. (q) and (r). · (q), (r)

1973

• Pub. L. 93–207, §1(4)(A), (B), substituted "(b)(3)" for "(b)(2)" wherever appearing in pars. (1) to (3), and substituted "Administrator" for "Secretary" in last sentence of par. (2). · (f)
• Pub. L. 93–207, §1(4)(C), substituted "(b)(3)" for "(b)(2)" wherever appearing. · (g), (i)